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End User License Agreement
LICENSE
Subject to the terms of this Agreement and, if applicable, those terms provided in the License Agreement, Zhazari VR grants you a limited, non-exclusive, perpetual, revocable, and non-transferable license to:
(a) download, install and use the Software on one (1) Computing Device per single user license that you have purchased and been granted. If you have multiple Computer Devices in which you wish to use the Software, you agree to acquire a license for the number of devices you intend to use;
(b) access, view, and use on such Computing Device the End User Provided Materials made available in or otherwise accessible through the Software, strictiy in accordance with this Agreement, and any other terms and conditions applicable to such End User Provided Materials;
(c) receive updates and new features that will become available from the date you purchased your license to the Software.
RESTRICTIONS
You agree not to, and you will not permit others to:
» License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
» Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
» Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Virtual Rabbit Studio or its affiliates, partners, suppliers or the licensors of the Application.
INTELLECTUAL PROPERTY
All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the good will associated there with, derivative works and all other rights (collectively, “Intellectual Property Rights”) that are part of the Software that are otherwise owned by Virtual Rabbit Studio shall always remain the exclusive property of Virtual Rabbit Studio (or of its suppliers or licensors, if and when applicable). Nothing in this Agreement grants you (or any Organisation) a license to Virtual Rabbit Studio’s Intellectual Property Rights
You agree that this is Agreement conveys a limited license to use Virtual Rabbit Studio’s Intellectual Property Rights, solely as part ofthe Software (and not independently of it), and only for the effective Term of the license granted to you hereunder. Accordingly, your use of any of Virtual Rabbit Studio’s Intellectual Property Rights independently of the Software or outside the scope of this Agreement shall be considered an infringement of Virtual Rabbit Studio’s Intellectual Property Rights. This shall not limit, however, any claim Virtual Rabbit Studio may have for a breach of contract in the event you breach a term or condition of this Agreement. You shall use the highest standard of care to safeguard all Software (including all copies thereof) from infringement, misappropriation, theft, misuse or unauthorised access.
Except as expressiy granted in this Agreement, Virtual Rabbbit Studio reserves and shall retain all rights, title, and interest in the Software, including all copyrights and copyrightable subject matter, trademarks and trademark able subject matter, patents and patentable subject matter, trade secrets, and other intellectual property rights, registered, unregistered, granted, applied-for, or both now in existence or that may be created, relating to the thereto.
You (or the Organisation, if and as applicable) shall retain ownership of all Intellectual Property Rights in and to the work products that you create through or with the assistance of the Software.
YOUR SUGGESTIONS
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Virtual Rabbit Studio with respect to the Application shall remain the sole and exclusive property of Virtual Rabbit Studio
Virtual Rabbit Studio shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
MODIFICATIONS TO APPLICATION
Virtual Rabbit Studio reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
UPDATES TO APPLICATION
Virtual Rabbit Studio may from time to time provide enhancements or improvements to the features/ functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Application. You agree that Virtual Rabbit Studio has no obligation to (I) provide any Updates, or (II) continue to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (I) deemed to constitute an integral part of the Application, and (II) subject to the terms and conditions of this Agreement.
THIRD-PARTY SERVICES
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third- Party Services")
You acknowledge and agree that Virtual Rabbit Studio shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Virtual Rabbit Studio does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
TERM AND TERMINATION
This Agreement shall remain in effect until terminated by you or Virtual Rabbit Studio.
Virtual Rabbit Studio may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Virtual Rabbit Studio, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your computer.
Termination of this Agreement will not limit any of Virtual Rabbit Studio’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Virtual Rabbit Studio and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to: I) your use or misuse of the Software; II) your failure to comply with any applicable law, regulation, or government directive; III) your breach of this Agreement; or IV) your agreement or relationship with an Organisation (if applicable) or any third party. Furthermore, you agree that Virtual Rabbit Studio assumes no responsibility for the information or content you submit or make available through this Software or the content that is made available to you by third parties.
VIRTUAL REALITY: HEALTH AND SAFETY PRECAUTIONS AND DISCLAIMERS
If the Software provides for virtual reality gameplay and/or the use of third party virtual reality headsets and/or related equipment, the following health and safety precautions and disclaimers apply.
Failing to review and adhere to the health and safety precautions set forth below and the precautions given by the manufacturer of your VR headset may cause damage to property, personal injury to you or others, or death.
As with all virtual reality games, please also carefully read and follow all health and safety precautions from your virtual reality headset manufacturer before use.
PLEASE READ THE FOLLOWING CAREFULLY BEFORE PLAYING
Please note that certain people are susceptible to various symptoms and conditions when playing a game with virtual reality headsets, including:
• epileptic seizures or loss of consciousness;
• altered vision;
• motion sickness, dizziness, disorientation or nausea; and/or
• repetitive motion injuries and eye strain.
Immediately stop playing if you do not feel well or if you experience any of the above symptoms.
In any event, we strongly recommend that you take reasonable breaks from gameplay every 10 to 15 minutes and that you do not play for excessive overall periods.
If you are pregnant or if you have any pre-existing medical condition, you should talk with a physician to obtain professional advice before playing the game.
You should not play the game under the influence of alcohol or drugs or while using prescription or non-prescription medication.
Always be aware of your surroundings when playing the game. When playing with a virtual reality headset or other headset it is best to remain seated if that mode is supported. Since the game is an immersive reality experience, you may not be able to fully see or hear your surroundings while playing. Whether or not you remain seated during gameplay, give yourself plenty of room and make sure the play area is clear of objects and people that could be bumped into during gameplay. Ensure you are in a safe environment and not near stairs, balconies, windows, walls, furniture, objects that could cause tripping hazards or other objects or people that may pose a danger to you or them or could be damaged or cause injury during gameplay. Sound volume for the game should be kept at a low enough level so that you can be aware of your surroundings while playing, and to avoid any damage to your hearing.
YOU HEREBY RELEASE LICENSOR, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE USE OF A VIRTUAL REALITY HEADSET, RELATED EQUIPMENT, OR THE SOFTWARE.
In no event shall LICENSOR be liable for any damage to property, injury, or death (or for direct, indirect, punitive, incidental, or consequential damages) arising out of the use or misuse of the Software or any virtual reality headset or related equipment, including, without limitation, arising out of or connected with interactions between you and other people or objects in or around the play area during gameplay. You understand that misuse of the Software includes (without limitation) violations of any instructions or any warnings set forth on the packaging, documentation, and screen shots for your virtual reality headset, in this document, in other documentation accompanying the Software or the packaging for the Software. Failure to carefully read and follow those instructions and warnings could lead to property damage, injury or death. You expressly assume and accept any and all risks inherent in (or that may be associated with) the use of the Software, and/or of the virtual reality headsets or related equipment. Some, but not all, of those risks are discussed in the warnings set forth above or the warnings accompanying the Software and the virtual reality headset. Please also see the section on “Limitation of Liability" below in this Agreement.
NO WARRANTIES
The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Virtual Rabbit Studio, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressliy disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and noninfringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Virtual Rabbit Studio provides no warranty or undertaking, and makes no representation of any kind that the
Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected
Without limiting the foregoing, neither Virtual Rabbit Studio nor any Virtual Rabbit Studio’s provider makes any representation or warranty of any kind, express or implied: (I) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (II) that the Application will be uninterrupted or error-free; (III) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (IV) that the Application, its servers, the content, or e-mails sent from or on behalf of Virtual Rabbit Studio are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
LIMITATION OF LIABILITY
Notwithstanding any damages that you might incur, the entire liability of Virtual Rabbit Studio and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.
To the maximum extent permitted by applicable law, in no event shall Virtual Rabbit Studio or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Virtual Rabbit Studio or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
SEVERABILITY
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
WAIVER
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
AMENDMENTS TO THIS AGREEMENT
Virtual Rabbit Studio reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion
By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
GOVERNING LAW
The laws of Germany, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use ofthe Application may also be subject to other local, state, national, or international laws.
CHANGES TO THIS AGREEMENT
We reserve the exclusive right to make changes to this Agreement from time to time. Your continued access to and use ofthe app constitutes your agreement to be bound by, and your acceptance of, the terms and conditions posted at such time. You acknowledge and agree that you accept this Agreement (and any amendments thereto) each time you load, access, or use the app. Therefore, we encourage you to review this Agreement regularly.
If, within thirty (30) days of us posting changes or amendments to this Agreement, you decide that you do not agree to the updated terms, you may withdraw your acceptance to the amended terms by providing us with written notice of your withdrawal. Upon providing us with the written notice of the withdrawal of your acceptance, you are no longer authorised to access or use the app.
NO EMPLOYMENT OR AGENCY RELATIONSHIP
No provision of this Agreement, or any part of relationship between you and Virtual Rabbit Studio, is intended to create nor shall they be deemed or construed to create any relationship between you and Virtual Rabbit Studio other than that of and end user of the app and services provided.
EQUITABLE RELIEF
You acknowledge and agree that your breach of this Agreement would cause Virtual Rabbit Studio irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which Virtual Rabbit Studio may be entitled, you acknowledge and agree that we may seek injunctive relief to prevent the actual, threatened or continued breach of this Agreement.
HEADINGS
The headings in this Agreement are for reference only and shall not limit the scope of, or otherwise affect, the interpretation of this Agreement.
GEOGRAPHIC RESTRICTIONS
The company is based in Germany and maintains compliance with the laws and regulations applicable in Germany. If you use the application from outside Germany, you are solely responsible for compliance with local laws.
LIMITATION OF TIME TO FILE CLAIMS
Any action or claim that may arise out of or in connection with this Agreement or the Application must be brought within two (2) months after it arises, or such action or claim will be permanently barred.
ENTIRE AGREEMENT
The Agreement constitutes the entire agreement between you and Virtual Rabbit Studio regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Virtual Rabbit Studio. You may be subject to additional terms and conditions that apply when you use or purchase other Virtual Rabbit Studio’s services, which Virtual Rabbit Studio will provide to you at the time of such use or purchase.
CONTACT US
Don't hesitate to contact us if you have any questions about this Agreement.
+ Via Email: virtualrabbitstudio@gmail.com
LICENSE
Subject to the terms of this Agreement and, if applicable, those terms provided in the License Agreement, Zhazari VR grants you a limited, non-exclusive, perpetual, revocable, and non-transferable license to:
(a) download, install and use the Software on one (1) Computing Device per single user license that you have purchased and been granted. If you have multiple Computer Devices in which you wish to use the Software, you agree to acquire a license for the number of devices you intend to use;
(b) access, view, and use on such Computing Device the End User Provided Materials made available in or otherwise accessible through the Software, strictiy in accordance with this Agreement, and any other terms and conditions applicable to such End User Provided Materials;
(c) receive updates and new features that will become available from the date you purchased your license to the Software.
RESTRICTIONS
You agree not to, and you will not permit others to:
» License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
» Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
» Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Virtual Rabbit Studio or its affiliates, partners, suppliers or the licensors of the Application.
INTELLECTUAL PROPERTY
All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the good will associated there with, derivative works and all other rights (collectively, “Intellectual Property Rights”) that are part of the Software that are otherwise owned by Virtual Rabbit Studio shall always remain the exclusive property of Virtual Rabbit Studio (or of its suppliers or licensors, if and when applicable). Nothing in this Agreement grants you (or any Organisation) a license to Virtual Rabbit Studio’s Intellectual Property Rights
You agree that this is Agreement conveys a limited license to use Virtual Rabbit Studio’s Intellectual Property Rights, solely as part ofthe Software (and not independently of it), and only for the effective Term of the license granted to you hereunder. Accordingly, your use of any of Virtual Rabbit Studio’s Intellectual Property Rights independently of the Software or outside the scope of this Agreement shall be considered an infringement of Virtual Rabbit Studio’s Intellectual Property Rights. This shall not limit, however, any claim Virtual Rabbit Studio may have for a breach of contract in the event you breach a term or condition of this Agreement. You shall use the highest standard of care to safeguard all Software (including all copies thereof) from infringement, misappropriation, theft, misuse or unauthorised access.
Except as expressiy granted in this Agreement, Virtual Rabbbit Studio reserves and shall retain all rights, title, and interest in the Software, including all copyrights and copyrightable subject matter, trademarks and trademark able subject matter, patents and patentable subject matter, trade secrets, and other intellectual property rights, registered, unregistered, granted, applied-for, or both now in existence or that may be created, relating to the thereto.
You (or the Organisation, if and as applicable) shall retain ownership of all Intellectual Property Rights in and to the work products that you create through or with the assistance of the Software.
YOUR SUGGESTIONS
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Virtual Rabbit Studio with respect to the Application shall remain the sole and exclusive property of Virtual Rabbit Studio
Virtual Rabbit Studio shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
MODIFICATIONS TO APPLICATION
Virtual Rabbit Studio reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
UPDATES TO APPLICATION
Virtual Rabbit Studio may from time to time provide enhancements or improvements to the features/ functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Application. You agree that Virtual Rabbit Studio has no obligation to (I) provide any Updates, or (II) continue to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (I) deemed to constitute an integral part of the Application, and (II) subject to the terms and conditions of this Agreement.
THIRD-PARTY SERVICES
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third- Party Services")
You acknowledge and agree that Virtual Rabbit Studio shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Virtual Rabbit Studio does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
TERM AND TERMINATION
This Agreement shall remain in effect until terminated by you or Virtual Rabbit Studio.
Virtual Rabbit Studio may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Virtual Rabbit Studio, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your computer.
Termination of this Agreement will not limit any of Virtual Rabbit Studio’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Virtual Rabbit Studio and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to: I) your use or misuse of the Software; II) your failure to comply with any applicable law, regulation, or government directive; III) your breach of this Agreement; or IV) your agreement or relationship with an Organisation (if applicable) or any third party. Furthermore, you agree that Virtual Rabbit Studio assumes no responsibility for the information or content you submit or make available through this Software or the content that is made available to you by third parties.
VIRTUAL REALITY: HEALTH AND SAFETY PRECAUTIONS AND DISCLAIMERS
If the Software provides for virtual reality gameplay and/or the use of third party virtual reality headsets and/or related equipment, the following health and safety precautions and disclaimers apply.
Failing to review and adhere to the health and safety precautions set forth below and the precautions given by the manufacturer of your VR headset may cause damage to property, personal injury to you or others, or death.
As with all virtual reality games, please also carefully read and follow all health and safety precautions from your virtual reality headset manufacturer before use.
PLEASE READ THE FOLLOWING CAREFULLY BEFORE PLAYING
Please note that certain people are susceptible to various symptoms and conditions when playing a game with virtual reality headsets, including:
• epileptic seizures or loss of consciousness;
• altered vision;
• motion sickness, dizziness, disorientation or nausea; and/or
• repetitive motion injuries and eye strain.
Immediately stop playing if you do not feel well or if you experience any of the above symptoms.
In any event, we strongly recommend that you take reasonable breaks from gameplay every 10 to 15 minutes and that you do not play for excessive overall periods.
If you are pregnant or if you have any pre-existing medical condition, you should talk with a physician to obtain professional advice before playing the game.
You should not play the game under the influence of alcohol or drugs or while using prescription or non-prescription medication.
Always be aware of your surroundings when playing the game. When playing with a virtual reality headset or other headset it is best to remain seated if that mode is supported. Since the game is an immersive reality experience, you may not be able to fully see or hear your surroundings while playing. Whether or not you remain seated during gameplay, give yourself plenty of room and make sure the play area is clear of objects and people that could be bumped into during gameplay. Ensure you are in a safe environment and not near stairs, balconies, windows, walls, furniture, objects that could cause tripping hazards or other objects or people that may pose a danger to you or them or could be damaged or cause injury during gameplay. Sound volume for the game should be kept at a low enough level so that you can be aware of your surroundings while playing, and to avoid any damage to your hearing.
YOU HEREBY RELEASE LICENSOR, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE USE OF A VIRTUAL REALITY HEADSET, RELATED EQUIPMENT, OR THE SOFTWARE.
In no event shall LICENSOR be liable for any damage to property, injury, or death (or for direct, indirect, punitive, incidental, or consequential damages) arising out of the use or misuse of the Software or any virtual reality headset or related equipment, including, without limitation, arising out of or connected with interactions between you and other people or objects in or around the play area during gameplay. You understand that misuse of the Software includes (without limitation) violations of any instructions or any warnings set forth on the packaging, documentation, and screen shots for your virtual reality headset, in this document, in other documentation accompanying the Software or the packaging for the Software. Failure to carefully read and follow those instructions and warnings could lead to property damage, injury or death. You expressly assume and accept any and all risks inherent in (or that may be associated with) the use of the Software, and/or of the virtual reality headsets or related equipment. Some, but not all, of those risks are discussed in the warnings set forth above or the warnings accompanying the Software and the virtual reality headset. Please also see the section on “Limitation of Liability" below in this Agreement.
NO WARRANTIES
The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Virtual Rabbit Studio, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressliy disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and noninfringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Virtual Rabbit Studio provides no warranty or undertaking, and makes no representation of any kind that the
Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected
Without limiting the foregoing, neither Virtual Rabbit Studio nor any Virtual Rabbit Studio’s provider makes any representation or warranty of any kind, express or implied: (I) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (II) that the Application will be uninterrupted or error-free; (III) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (IV) that the Application, its servers, the content, or e-mails sent from or on behalf of Virtual Rabbit Studio are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
LIMITATION OF LIABILITY
Notwithstanding any damages that you might incur, the entire liability of Virtual Rabbit Studio and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.
To the maximum extent permitted by applicable law, in no event shall Virtual Rabbit Studio or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Virtual Rabbit Studio or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
SEVERABILITY
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
WAIVER
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
AMENDMENTS TO THIS AGREEMENT
Virtual Rabbit Studio reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion
By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
GOVERNING LAW
The laws of Germany, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use ofthe Application may also be subject to other local, state, national, or international laws.
CHANGES TO THIS AGREEMENT
We reserve the exclusive right to make changes to this Agreement from time to time. Your continued access to and use ofthe app constitutes your agreement to be bound by, and your acceptance of, the terms and conditions posted at such time. You acknowledge and agree that you accept this Agreement (and any amendments thereto) each time you load, access, or use the app. Therefore, we encourage you to review this Agreement regularly.
If, within thirty (30) days of us posting changes or amendments to this Agreement, you decide that you do not agree to the updated terms, you may withdraw your acceptance to the amended terms by providing us with written notice of your withdrawal. Upon providing us with the written notice of the withdrawal of your acceptance, you are no longer authorised to access or use the app.
NO EMPLOYMENT OR AGENCY RELATIONSHIP
No provision of this Agreement, or any part of relationship between you and Virtual Rabbit Studio, is intended to create nor shall they be deemed or construed to create any relationship between you and Virtual Rabbit Studio other than that of and end user of the app and services provided.
EQUITABLE RELIEF
You acknowledge and agree that your breach of this Agreement would cause Virtual Rabbit Studio irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which Virtual Rabbit Studio may be entitled, you acknowledge and agree that we may seek injunctive relief to prevent the actual, threatened or continued breach of this Agreement.
HEADINGS
The headings in this Agreement are for reference only and shall not limit the scope of, or otherwise affect, the interpretation of this Agreement.
GEOGRAPHIC RESTRICTIONS
The company is based in Germany and maintains compliance with the laws and regulations applicable in Germany. If you use the application from outside Germany, you are solely responsible for compliance with local laws.
LIMITATION OF TIME TO FILE CLAIMS
Any action or claim that may arise out of or in connection with this Agreement or the Application must be brought within two (2) months after it arises, or such action or claim will be permanently barred.
ENTIRE AGREEMENT
The Agreement constitutes the entire agreement between you and Virtual Rabbit Studio regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Virtual Rabbit Studio. You may be subject to additional terms and conditions that apply when you use or purchase other Virtual Rabbit Studio’s services, which Virtual Rabbit Studio will provide to you at the time of such use or purchase.
CONTACT US
Don't hesitate to contact us if you have any questions about this Agreement.
+ Via Email: virtualrabbitstudio@gmail.com